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(p. 157) 4. Breach of Duty 

(p. 157) 4. Breach of Duty
Chapter:
(p. 157) 4. Breach of Duty
Author(s):

Mark Lunney

, Donal Nolan

, and Ken Oliphant

DOI:
10.1093/he/9780198745525.003.0004
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date: 16 October 2018

This chapter begins by looking at the key cases in which the idea of negligence as conduct falling below the standard of the reasonable person was judicially elaborated. It then discusses reasonable care; the utility of the defendant's conduct; the ‘objective’ nature of the standard of care; the relevance of ‘common practice’ in setting that standard; and the doctrine of res ipsa loquitur (‘the thing speaks for itself’).

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